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While the process varies by state, in general lenders pursue the following course of action to initiate a judicial foreclosure: Notice of intent: Once a mortgage is unpaid for 120 days, the lender informs the borrower by mail that foreclosure proceedings will begin.
In case of a judicial foreclosure, the sale is usually a public auction, and the highest bidder becomes the new owner of the foreclosed property. The judicial process can take up to one year or even longer, depending on the court's caseload.
Did you know that the only legal and complete approach to stop a foreclosure in Georgia is through bankruptcy? Yes, that's right. Chapter 13 Bankruptcy will stop the bank from taking away your home and you will be then able to pay less on your home than you did before.
Did you know that the only legal and complete approach to stop a foreclosure in Georgia is through bankruptcy? Yes, that's right. Chapter 13 Bankruptcy will stop the bank from taking away your home and you will be then able to pay less on your home than you did before.
Judicial foreclosure refers to foreclosure proceedings that take place through the court system. This type of foreclosure process often occurs when a mortgage note lacks a power of sale clause, which would legally authorize the mortgage lender to sell the property if a default occurred.
A judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don't respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner.